The impact of Coronavirus on Landlords and Tenants for residential properties

Aston

24 August, 2021

CORONAVIRUS (COVID-19) IMPACT ON LANDLORDS & TENANTS (Residential property)

Aston Brooke Solicitors is a reputable law firm based in Harrow, Middlesex. We have been serving our valued customers for over a decade by providing high quality, bespoke legal services such as Conveyancing, Litigation, Immigration and Wills & Probate and more. In light of the current COVID-19 outbreak, we are proud to be at the forefront of providing our customers with up to date news and advice on regulations regarding COVID-19. We will update our information regularly as per instructions from the Government.

This article has been prepared in light of the Coronavirus Act 2020 to address the most common queries we have received from Landlords and Tenants for residential properties. The Act has addressed the issues arisen due to the impact of Covid-19 on the landlord and tenant relationship and their obligations under their tenancy agreements.

Can tenants stop paying rent?

No, tenants are required to continue to pay rent as the per the tenancy agreement. If a tenant is unable to make payment they must contact and inform their landlords immediately. A landlord may enter into a temporary agreement to accept lower rent subject to the condition that the tenant will make payment of the difference on a later date.

Can a landlord issue a notice of possession?

Yes, a landlord can issue a notice for possession and claim rent arrears. However, the Coronavirus Act 2020 has extended the notice period to three months. The extended notice period is only applicable until 30 September 2020.

Upon expiry of the three month notice the Landlord can file a claim for possession. But, due to the pandemic the courts have decided to suspend all possession hearing for a period of a 90 days commencing 27 March 2020. This is primarily to prevent unnecessary movement of people.

Does a tenant have to give possession of the property upon expiry of the notice?

Yes, a landlord can issue a notice for possession and claim rent arrears. However, the Coronavirus Act 2020 has extended the notice period to three months. The extended notice period is only applicable until 30 September 2020. Upon expiry of the three month notice the Landlord can file a claim for possession. But, due to the pandemic the courts have decided to suspend all possession hearing for a period of a 90 days commencing 27 March 2020. This is primarily to prevent unnecessary movement of people.

Are landlords required to comply with their obligation of repair and maintenance of the property?

Yes. Landlords are required to comply with their obligation however both the landlord and tenant are to take a common sense approach making arrangements. If the landlord is unable to access the property due to covid-19 restrictions, they are to document all their attempts of resolution.

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